Faculty News

Faculty News
December 2003

Edited by Paul Caron,
Charles Hartsock Professor of Law and
Director of Faculty Projects

In This Issue

Marjorie Aaron
Marjorie taught two one-day negotiation CLE seminars through The Center for Practice in Negotiation and Problem Solving. Dwight Golann (Suffolk) was co-faculty for the first day: Effective Negotiation Strategy and Practice. Marjorie taught the second day: Advanced Negotiation Insights. www.law.uc.edu/adr/pes0112/index.html

Marianna Brown Bettman
Marianna was appointed to a three-year term on the Ohio Supreme Court Rules Advisory Committee.

Joseph Biancalana
Joseph’s article, Actions of Covenant, 1200-1330, 20 Law & History Rev. 1 (2002), was cited in Val D. Rick, Contract Law and Christian Conscience, 2003 Brigham Young Univ. L. Rev. 993 (2003).

Chris Bryant
Chris judged a We The People competition held at Cincinnati Country Day School.

Paul Caron
Foundation Press published the third book in Paul’s Law Stories series: Constitutional Law Stories, edited by Michael C. Dorf (Columbia) (www.fdpress.com/fdpress/whatsnew.htm#lawstories). The book tells the stories behind the fifteen leading constitutional law cases: Marbury v. Madison (Michael W. McConnell (Judge, U.S. Court of Appeals for the Tenth Circuit)); McCulloch v. Maryland (Daniel A. Farber (Cal-Berkeley)); Wickard v. Filburn (Jim Chen (Minnesota)); Clinton v. Jones (Michael G. Gerhardt (William & Mary)); Dred Scott v. Sandford (Christopher L. Eisgruber (Princeton)); Plessy v. Ferguson (Cheryl I. Harris (UCLA)); Brown v. City of Oneonta (H. Richard Banks (Stanford)); Korematsu v. United States (Neil Gotanda (Western State)); Baker v. Carr (Stephen Ansolabehere (MIT) & Samual Issacharoff (Columbia)); Lochner v. New York (David E. Bernstein (George Mason)); Roe v. Wade (Lucinda M. Finley (SUNY-Buffalo)); Whitney v. California (Ashutosh A. Bhagwat (Cal-Hastings)); West Virginia State Board of Education v. Barnette (Vincent Blasi (Columbia) & Seanna V. Shiffrin (UCLA)); Employment Division v. Smith (Garrett Epps (Oregon)); and City of Boerne v. Flores (Mark V. Tushnet (Georgetown)).

Paul published several issues of his Tax Law Abstracts e-journals (www.ssrn.com): three issues each of Tax Law & Policy (vol. 4, nos. 46-48) and Practitioner Series (vol. 3, nos. 46-48) (both co-edited with Joseph Bankman (Stanford)), and one issue of International & Comparative Tax (vol. 3, no. 14) (co-edited with Robert A. Green (Cornell)). His article, Tax Myopia, or Mamas Don’t Let Your Babies Grow Up To Be Tax Lawyers, 13 Va. Tax Rev. 517 (1994), was quoted in Bryan T. Camp, Tax Administration as Inquisitorial Process and the Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998, 56 Florida L. Rev. 1 (2004).

Mark Godsey
Mark’s article Miranda’s Final Frontier — The International Arena: A Critical Analysis of U.S. v. Bin Laden and a Proposal for a New Miranda Exception Abroad, 51 Duke L.J. 1703 (2002), was quoted in Wayne R. LaFave, Jerold H. Israel & Nancy J. King, Criminal Procedure (West, 2003 Supp.), the leading treatise in the field.

Emily Houh
Emily published Living “Off-Stage”: The Semiotic Potential of Narrative in Paula Johnson’s Inner Lives: Voices of African American Women in Prison, 16 Int’l J. for the Semiotics of Law 317 (2003).

Christo Lassiter
Christo was quoted in Criminal Case in Prosecutor’s Hands, Cincinnati Enquirer, Dec. 5, 2003, at A6.

Brad Mank
Several of Brad’s articles were cited in prestigious journals, including Is There a Private Cause of Action under EPA’s Title VI Regulations?: The Need to Empower Environmental Justice Plaintiffs, 24 Columbia J. Envt’l L. 1 (1999), in Sten-Erik Hoidal, Returning to the Roots of Environmental Justice: Lessons from the Inequitable Distribution of Municipal Services, 88 Minnesota L. Rev. 193 (2003); Suing Under §§ 1983: The Future after Gonzaga University v. Doe, 39 Houston L. Rev. 1417 (2003), in Sasha Samberg-Champion, How to Read Gonzaga: Laying the Seeds of a Coherent Section 1983 Jurisprudence, 103 Columbia L. Rev. 1838 (2003); and Using §§1983 to Enforce Title VI’s Section 602 Regulations, 49 Univ. Kansas L. Rev. 321 (2001), in Charles Davant, Sorcerer or Sorcerer’s Apprentice?: Federal Agencies and the Creation of Individual Rights, 2003 Wisconsin L. Rev. 613 (2003).

Donna Nagy
Donna’s articles, The “Possession vs. Use” Debate in the Context of Securities Trading by Traditional Insiders: Why Silence Can Never Be Golden, 67 Univ. Cincinnati L. Rev. 1129 (1999), and Reframing the Misappropriation Theory of Insider Trading Liability: A Post-O’Hagan Suggestion, 59 Ohio St. L.J. 1223 (1998), were cited in Thomas Lee Hazen, Law of Securities Regulation (West, Jan. 2004 Supp.).

Jim O’Reilly
The 2nd edition of Jim’s book, Elder Injury & Accident Compensation, has been accepted for publication by the ABA Press. He was elected as a Trustee of the Ohio-KY-IN Regional Council of Governments (OKI) and appointed to the law committee of the Wyoming City Council. Jim’s book, Federal Information Disclosure (West, 3d ed. 2000), was cited in Schmidt v. U.S. Dept. of Veterans Affairs 218 F.R.D. 619 (2003).

Ronna Schneider
Ronna judged a We The People competition held at Cincinnati Country Day School.

Michael Solimine
Two of Michael’s articles articles were cited in prestigious journals: Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Indiana L. Rev. 335 (2002), in Henry Paul Monaghan, Supreme Court Review of State-Court Determinations of State Law in Constitutional Cases, 103 Columbia L.Rev. 1919 (2003); and Rethinking Feminist Judging, 70 Indiana L.J. 891 (1995) (with Susan Wheatley), in Barbara A. Atwood, The Child’s Voice in Custody Litigation: An Empirical Survey and Suggestions for Reform, 45 Arizona Law Review 629 (2003).

Joe Tomain
Joe published five articles in the book Major Acts of Congress, describing the following Congressional acts: Department of Energy Organization Act, National Energy Conservation Policy Act, Natural Gas Act, Nuclear Waste Policy Act, and Surface Mining Control and Reclamation Act. He made extensive revisions on his book, Energy Law in a Nutshell (West).

Joe attended board meetings of the Cincinnati Bar Association, Mercantile Library, and KnowledgeWorks Foundation and participated in the University Academic Master Planning Process Retreat. ]He traveled to New York to attend UC alumni events and hosted the Dean’s Council dinner for our donors. Joe was appointed to the Steering Committee of the Constitution Project's Courts Initiative. His article, Institutionalized Conflict Between Law and Policy, 22 Houston L.Rev. 661 (1985), was cited in Charles H. Koch, Administrative Law and Practice (West, 2004 Supp.). His book review, On Local Autonomy: Discontinuity and Convergence, 55 Univ. Cincinnati L. Rev. 399 (1986), was quoted in Reza Dibadj, Regulatory Givings and the Anticommons, 64 Ohio State L. J. 1041 (2003).

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